Case Details

Citation(s)
2010 SLG 2495 2010 SLD 2495 2010 CLC 1115
Lahore High Court

CH. MUHAMMAD TARIQ, J
Ishtiaq Ahmad Mian for Petitioner. Shoaib Khokhar for
Respondent.

AHMAD HUSSAIN BUTT

VS

ROBINA through GENERAL Attorney and 2 others

Law:

Section:

Punjab Rented Premises Act (VII of 2009)--- ----Ss. 15 & 22---Constitution of Pakistan (1973), Art.199---Ejectment petition on ground of default in payment of rent---Tenant was denied leave to defend the ejectment petition by the Trial Court---Appellate Court dismissed the appeal---Validity---Petitioner had failed to pay the rent for two months which he was obliged to deposit by 10th day of every calendar month under S.15 of the Punjab Rented Premises Act, 2009---No intervention of the High Court, in the matter, was called for---Constitutional petition was dismissed---Petitioner/tenant was directed to vacate the suit house and hand over its vacant and peaceful possession to the landlord within one month. JUDGMENT CH. MUHAMMAD TARIQ, J.--- Brief facts of the case are that the petitioner is a tenant under respondent No.1 in the suit house bearing No.SW-II-26-S-17/A situated at Ghani Mohalla Sanat Nagar, Lahore at a monthly rent of Rs.3200. The tenancy between the parties was oral which was commenced in the year, 2001. 2. Respondent No.1 filed an ejectment petition against the petitioner on the ground of default in payment of rent. The petitioner filed an application for permission to leave and defend the ejectment petition on the ground that the petitioner is not a defaulter rather he has paid the rent of suit house up to date. But on 7-5-2009, Rana Muhammad Sohail, Special Judge Rent, Lahore accepted the ejectment petition of respondent No. 1 on the ground that the petitioner has failed to make out a case for grant of leave to defend the ejectment petition. Feeling aggrieved, the petitioner filed appeal against the order dated 7-5-2009 which was also dismissed by Mian Mureed Hussain, learned Additional District Judge, Lahore on the ground that the petitioner is guilty of infringement of order of this Court dated 25-5-2009 by which he was directed to pay arrears of rent at the rate of Rs.3200 per month till May, 2009 hence, this writ petition. 3. The learned counsel for the petitioner contends that orders passed by both the Courts below are against the law and facts, illegal, arbitrary and without lawful authority. Learned counsel further contends that…
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